Legal Question in Wills and Trusts in New York
Will Contest
I would like to determine if I have a case to contest my father's will based on a)My mother and he were married for 56 years prior to her death - does this mean any of the property is still hers. Do we have claim to any contents in the house based on the fact that they were my mother's. B.) He married his second wife two months before he died (wrote the will @ six months prior after his illness - cancer took a turn for the worse)leading me to believe she exerted undue influence. She was his sole caretaker and they had a relationship for three years. My father left the house, all of the contents and his car to her. He left small amounts of money to each child. My stepmother has not offered any information nor anything in the house -which we find deplorable. I and my two sisters wish to contest the will. My two brothers want to leave the will unchanged. One brother is an alternate executor.They threaten that we could lose the small amount my father actually left to each of us. Is this true? Also, what can I expect to spend to contest this will? What are my chances for success? How long might it take? Thanks!
2 Answers from Attorneys
Re: Will Contest
First off, please accept my sympathies on the loss of your father.
If your father and your mother divorced you can review the decree of dissolution at the courthouse in the county where they lived and probably learn what she took as her portion of the settlement; after a long term marriage, I'd think it'd be a substantial portion of the estate.
Then your father subsequently re-married, correct? THEN he died?
OK. You really, really need to do your homework before you start a will contest based on undue influence. Homework in this context is to have a consult with an atty who is versed at this, not just a freebie by email.
There are so many fact specific things I can't tell from your post. Was his last will valid? Has it been offered for probate? Who is the Personal Rep., his new wife?
If you are a beneficiary, you can look up the will at the courthouse, see what it says. Many wills include a "no contest" clause, which means if you contest the will you lose what gift you would have gotten.
You could spend literally tens of thousands of dollars contesting this and get nowhere whatsoever. IT DEPENDS. Your chances for sucessfully challenging this are dependent on factors you haven't provided for review. It could take months or years.
Bottom line: Go read the will, see what it says before you fork out money for a contest.
Re: Will Contest
There is an indication from lawguru.com that your question pertains to New York law.
Regardless of which state has jurisdiction, I would recommend that you consult with an attorney because you raise many issues in your question.
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